Struck v. Superior Court

Defendants in a civil action having appealed from a judgment in the superior court, the plaintiff after delay in filing the transcript presented therein a motion for an order to terminate its preparation, which motion was denied without prejudice. Thereafter, said motion was renewed, whereupon a stipulation of the parties was entered in the minutes that it be denied on condition that the transcript be filed within thirty days, otherwise that it should be granted. Upon ex parte motion and without the defendants’ knowledge that said transcript had not been filed, an order was entered…